(a) Except for operation in its yards or terminals, and except
where a train is being moved as an actual movement into or from
another state not having a requirement of at least two persons
controlling a locomotive as is required in this state pursuant to
this section, no railroad may permit or require any crew-controlled
locomotive power unit, including helper units, that is not attached
to a train to be operated by a crew of fewer than two persons. At
least one crew member shall be a federal railroad administration
certified and licensed locomotive engineer within the meaning of
applicable federal statutes and regulations. The second crew
member shall be selected from either train service or engine
service personnel: Provided,
That the selection does not violate
federal statutes or regulations or local collective bargaining
agreements.

(b) As used in this section:

(1) "Crew-controlled locomotive" means a locomotive power
unit, single or in multiple, which is operated by on-board
personnel, but does not include units controlled by radio or other
remote control by a crew on another locomotive power unit.

(2) "Helper unit" means a locomotive power unit placed at some
point in a train for the purpose of supplementing the power
available from the locomotive power unit controlling a train.

(c) It is unlawful to institute any disciplinary action or
other adverse administrative action against any person who reports a violation of or acts to enforce the provisions of this section or
this article. The person's remedies under this section are in
addition to any other remedies that may be otherwise available.

(d) The public service commission shall, on or before the
first day of July, one thousand nine hundred ninety-three,
promulgate rules to implement the provisions of this section.